超高定价是反垄断法中最具争议的议题之一。对美、欧、韩、中的几起典型案例分析发现,对超高定价行为的反垄断规制存在着两种截然不同的模式,即竞争状态下的“自由放任”模式和不利消费者情形下的“规制”模式,两者各有其合理性。中国秉承消费者福利优先理念,基于本身竞争文化、市场环境等因素考量,选择“规制”模式,值得肯定。但需要注意的是,为了避免破坏市场价格机制、造成执法错误,对超高定价的反垄断规制必须采取审慎态度,即在充分论证市场存在较高进入障碍、经营者具有市场支配地位及行业监管不力的前提下进行。同时,可通过优先选择性适用经营者承诺制度、优化超高定价行为的认定方法及加强与行业协会监管部门的合作等措施,以提高执法效率。 Hyper-pricing is one of the most controversial topics in antitrust law. Several typical case studies of the United States, Europe, and South Korea found that there are two distinct modes of antitrust regulation on ultra-high-priced behavior, that is, the “laissez-faire” model under competitive conditions and unfavorable consumers In the case of “regulation ” model, both have their own rationality. China adheres to the priority concept of consumer welfare and based on considerations of its own competitive culture and market environment, it is worth noting that the “regulatory” model should be chosen. However, it should be noted that in order to avoid damaging the market price mechanism and result in mistakes in law enforcement, the anti-monopoly regulation on ultra-high pricing must be cautious in fully demonstrating that there is a high barrier to entry in the market, that operators have market dominance and industry regulation Poor under the premise. At the same time, we can enhance the efficiency of law enforcement by giving priority to the undertaking system of operators, optimizing the identification methods of ultra-high pricing practices and strengthening cooperation with the regulatory authorities of trade associations.